JUDGMENT

Altamas Kabir, C.J.I.

1. Having had the opportunity of going through the judgment prepared by my learned brother, Fakkir Mohamed Ibrahim Kalifulla, J., 1 fully concur with the same. I just, however, wish to emphasise the fact that there is no material on record in support of Ground 'D' taken in the Writ Petition, wherein it has been mentioned that "To top it all, the minimum percentage requirement for final selection was increased to 50% at the final stage.

[Emphasis Supplied].

2. Nowhere in the advertisement inviting applications for filling up the 20 posts in the Madhya Pradesh Higher Judicial Service by direct recruitment from the Bar, has it been indicated as to what would be the minimum percentage of marks, which would be required for final selection. The only place where reference has been made to the said figure is in the Resolution of the Selection Committee adopted on 23rd March, 2007, wherein in paragraph 1 it has been indicated that on the basis of the evaluation made by District Judges, Scheduled Castes and Scheduled Tribes candidates would have to secure 35% marks and other candidates would have to secure 40% marks in the first paper and in the second paper in ord